Terms of Service

BACKGROUND: These Terms and Conditions, together with the documents referred to herein, set out the terms on which the Customer may use the Application, an online waiting room service for managing the flow of traffic to websites.

1. Definitions and Interpretation#

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• "Account" means an account required to access and use the Application;
• "Application" means CrowdHandler, Our online waiting room service for managing the flow of traffic to websites, including the Control Panel and any associated APIs, connectors and integrations;
• "Billing Period" means the period covered by each payment of the Charges, running from the start date of the Subscription (or its most recent renewal) until the same date in the following month for monthly Subscriptions, or the same date in the following year (or the end of such longer period as is stated in an Enterprise Order) for annual Subscriptions;
• "Charges" means the fees payable by the Customer for the Subscription, as set out in the Order;
• "Content" means any text, images, audio, video, scripts, code, software, databases and other information that appears on, or forms part of, the Application;
• "Contract" means the contract between Us and the Customer for a Subscription, formed in accordance with Clause 5;
• "Control Panel" means the management interface of the Application, accessed at https://admin.crowdhandler.com;
• "Customer" means the sole trader, partnership, company, charity, non-profit or other legally constituted entity identified as the registered owner of the Account;
• "Enterprise Order" means an order form for a Subscription, incorporating these Terms and Conditions by reference, signed by both the Customer and Us;
• "Order" means either a Self-Serve Order or an Enterprise Order;
• "Plan" means a set of features and limitations of the Application available via the Subscription, at an agreed price;
• "Self-Serve Order" means an order for a Subscription placed by the Customer online via the Control Panel or Our website and paid by debit or credit card;
• "Subscription" means the subscription to access the Application, for functionality defined in a Plan, whether monthly or for a fixed term;
• "Subscription Confirmation" means Our acceptance and confirmation of a Self-Serve Order, sent by email;
• "User" means a user of the Application, authorised by the Customer with access to the Control Panel;
• "User Content" means titles, messages, configurations, domain names, logos and templates created and/or uploaded by Users in or to the Application via the Control Panel;
• "Waiting Room" means a virtual queue provided by the Application to manage the flow of visitors to the Customer's website; and
• "We/Us/Our/CrowdHandler" means CROWDHANDLER LTD, a limited company registered in England under company number 12677268, whose registered address is Windsor House, Bayshill Road, Cheltenham, Gloucestershire, GL50 3AT, United Kingdom. Our UK VAT number is GB 359 8527 43.

2. The Application, Changes and Availability#

2.1. A Subscription grants the Customer access to the Application for the duration of the Subscription and any renewals. The Subscription may be used only by the Customer and its authorised Users, and only in a business capacity: the Application is not offered to consumers.

2.2. We may make changes to the Application at any time in order to maintain, secure, develop and improve it. We will inform the Customer of any change likely to materially affect the Customer's use of the Application.

2.3. We warrant that the Application — comprising the core queue service and the Control Panel — will be available at least 99.9% of the time, as measured by Us over each 28-day period. Any period of unavailability counts against this warranty, whether it results from planned maintenance, emergency work or an unplanned outage, excluding only unavailability resulting from: (a) suspension of the Customer's access under these Terms and Conditions (including for non-payment or breach); (b) the Customer's own systems, networks, configuration, or acts or omissions; or (c) a force majeure event under Clause 15.

2.4. Except in emergencies, We will inform the Customer in advance of any planned suspension of availability.

2.5. If availability falls below 99.9% in any 28-day period, the Customer may claim a credit by written request to support@crowdhandler.com within 30 days of the end of that period. Valid claims will be credited to the Account for each day on which the Application was unavailable, calculated as the pro-rata daily rate for the Customer's Plan and rounded up to a full day in each case. If the Application is unavailable for longer than one day in aggregate within a 28-day period, the Customer may also terminate in accordance with sub-Clause 7.4. This credit, together with that termination right, is the Customer's sole and exclusive remedy for any failure to meet the warranty in sub-Clause 2.3, subject always to sub-Clause 12.4.

3. Accounts#

3.1. An Account is required to use the Application. The person registering the Account warrants that they are authorised to bind the Customer and that the Application will be used only on the Customer's behalf.

3.2. The Customer must ensure that Account information is accurate and kept up to date via the Control Panel.

3.3. The Customer is responsible for all use of the Account and for ensuring that Users keep their credentials confidential. The Customer must notify Us immediately of any suspected unauthorised use of the Account. We will not be liable for any unauthorised use of the Account.

3.4. The Customer may close the Account at any time by emailing support@crowdhandler.com. Closing the Account cancels auto-renewal of the Subscription and removes the Customer's User Content and data from Our systems; the Customer should export anything it wishes to retain before closing the Account.

4. Plans, Pricing and Taxes#

4.1. Different Plans provide access to different features and limitations of the Application. The Customer confirms that it has examined the available Plans and that its chosen Plan is appropriate for its requirements.

4.2. We may change prices from time to time. Changes will not affect a Subscription already purchased, but may apply on renewal.

4.3. All prices are exclusive of VAT and other sales taxes except where marked. VAT will be added to invoices where applicable in the UK. For Customers in the EU this is a reverse-chargeable supply for VAT purposes, and the Customer is responsible for keeping records and accounting for VAT in its own country; the Customer's VAT number should be entered in the Control Panel.

4.4. Except where explicitly agreed otherwise, Customers outside the UK and outside the EU must pay the US Dollar (USD) price. All Charges are exclusive of any taxes (including, without limitation, sales, use, value added, goods and services, corporate income, import, export, excise, franchise, stamp, electronic services supply or other tax), customs fees or tolls, levies, imposts, withholding taxes, fees, duties or other charges of any nature imposed by any governmental authority or other tax authority in any jurisdiction, and any and all fines, penalties, additions to tax and interest relating thereto (collectively, "Taxes"). All Taxes shall be paid by the Customer to the relevant authorities in addition to the Charges. If any payment by the Customer is subject to withholding tax, the Customer agrees to increase the amount of the payment as necessary to ensure that We receive the same amount We would have received had there been no withholding, and shall deliver any certifications and other documents required to demonstrate eligibility for, and to benefit from, any available exemption or other relief.

5. Contract Formation#

5.1. A Subscription may be purchased by way of either a Self-Serve Order or an Enterprise Order.

5.2. Self-Serve Orders. A Contract is formed when We send the Customer a Subscription Confirmation by email. The Subscription commences immediately upon Subscription Confirmation, is billed in monthly Billing Periods, and carries no commitment beyond the current Billing Period, renewing and being cancellable in accordance with Clause 7. If We do not accept or cannot process an Order, any payment taken will be refunded as soon as possible.

5.3. Enterprise Orders. A Contract is formed when both the Customer and We have signed an Enterprise Order referencing these Terms and Conditions. The Subscription commences on the date agreed in the Enterprise Order and, unless otherwise stated there, has an initial term of 12 months.

5.4. In the event of any conflict between these Terms and Conditions and the terms of a signed Enterprise Order, the terms of the Enterprise Order shall prevail in respect of that Contract.

5.5. Subject to Clause 7, once the Contract is formed the Subscription cannot be changed until the end or renewal date of that Subscription, except that the Customer may upgrade to a higher Plan at any time.

6. Payment#

6.1. Self-Serve Orders. Payment is due at the time of purchase and at the start of each subsequent Billing Period, billed automatically to the Customer's chosen payment card via Our payment partner Stripe, with no additional fees. If a payment fails, We will retry it and notify the Customer, and may suspend access to the Application at any time until payment is received in full; if payment remains outstanding 7 days after the start of the Billing Period, We may also cancel the Subscription. Charges remain payable in full for any Billing Period in which the Application was made available to the Customer, whether or not access was suspended for non-payment.

6.2. Enterprise Orders. Unless otherwise stated in the Enterprise Order, We shall issue invoices for the Charges by email on or after the Subscription start date, and at the start of each subsequent Billing Period. The Customer must pay each invoice within 30 days of receipt, by bank transfer (using such payment details as are notified by Us from time to time) or by credit card.

6.3. Where the Customer provides a purchase order number We will use reasonable efforts to quote it on invoices, but this shall not delay payment, and there must be one purchase order for the Subscription, not for individual invoices.

6.4. If any sum payable under the Contract is not paid on or before its due date, We may, without prejudice to Our other rights and remedies: (a) suspend the Customer's access to the Application until payment is received in full; and/or (b) treat the non-payment as a material breach of these Terms and Conditions entitling Us to terminate the Contract. We will not be liable for any loss, damage, cost or expense of the Customer or any third party resulting from suspension of the Application under this sub-Clause.

7. Cancellation and Termination#

7.1. Subscriptions (whether monthly or annual) renew automatically at the end of each Billing Period unless cancelled in accordance with this Clause 7.

7.2. Monthly Subscriptions may be cancelled at any time by downgrading to the free Plan via the Control Panel or by emailing support@crowdhandler.com. Cancellation takes effect at the end of the current Billing Period; no refund is given for the current Billing Period, and the Customer retains access until that date.

7.3. Annual and fixed-term Subscriptions may be cancelled by written notice to support@crowdhandler.com at least 30 days before the renewal date, taking effect at the end of the current term. No refund is given for the remainder of the term, and the Customer retains access until that date. It is the Customer's responsibility to give notice within this period; renewal proceeds automatically in the absence of valid notice.

7.4. The Customer may terminate the Contract and receive a pro-rata refund of Charges paid for the unexpired portion of the current Billing Period if:

7.4.1. We have materially breached these Terms and Conditions and (where the breach is capable of remedy) have failed to remedy the breach within 14 days of written notice; or

7.4.2. The Application has been unavailable (within the meaning of sub-Clause 2.3) for longer than one day in aggregate within a 28-day period, or We have informed the Customer that We plan to suspend availability for longer than one day within a 28-day period (see sub-Clause 2.5); or

7.4.3. We have informed the Customer of a change to these Terms and Conditions under Clause 16 that materially disadvantages the Customer and the Customer does not agree to it.

7.5. We may terminate the Subscription and close the Account at any time by written notice. If We terminate for breach of these Terms and Conditions by the Customer, no refund is given. If We terminate for any other reason, the Customer will receive a pro-rata refund of Charges paid for the unexpired portion of the current Billing Period.

7.6. Refunds due under this Clause will be paid within 30 days of the effective date of cancellation or termination.

7.7. Either party may terminate the Contract immediately by written notice if the other party becomes insolvent, enters administration or liquidation, or makes any arrangement with its creditors.

8. Intellectual Property and User Content#

8.1. We grant the Customer and its Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use the Application to provide an online waiting room service for business purposes, for the duration of the Subscription and subject to these Terms and Conditions.

8.2. The Application and all Content (including all user-facing material and all underlying code, software and databases), and the copyright and other intellectual property rights therein, unless specifically labelled otherwise, belong to or are licensed by Us, and are protected by applicable United Kingdom and international intellectual property laws and treaties. The Customer must not copy, download or otherwise attempt to acquire any part of the Application; disassemble, decompile or otherwise reverse engineer the Application; or embed or otherwise distribute the Application on any website, ftp server or similar.

8.3. The Customer (or the Customer's licensors, as appropriate) retain ownership of the Customer's User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, the Customer grants Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the Customer's User Content for the purposes of operating and promoting the Application.

8.4. If the Customer wishes to remove User Content, it may do so via the Control Panel. Removing User Content revokes the licence granted under sub-Clause 8.3 in respect of that User Content, save that cached copies or references may not be made immediately unavailable (or may not be made unavailable at all where they are outside Our reasonable control).

8.5. The Customer is solely responsible for its User Content and warrants that it has the right to create, upload and use its User Content and all materials of which it is comprised, and that its User Content will not breach Clause 9. The Customer agrees it will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of this warranty. We may reject, reclassify or remove any User Content that, in Our reasonable opinion, breaches these Terms and Conditions, or following a third-party complaint that We determine justifies removal.

9. Acceptable Use#

9.1. The Customer may only use the Application in a manner that is lawful. Specifically, the Customer must:

9.1.1. comply with all applicable local, national and international laws and regulations, and must not use the Application in any way, or for any purpose, that is unlawful or fraudulent or intended to harm any person;

9.1.2. not use the Application to send, upload or otherwise transmit any virus or other malware, or any code designed to adversely affect computer hardware, software or data, and must not create or upload User Content that is unlawful, that infringes the intellectual property or other rights of any third party, or that misleadingly implies an affiliation with Us where none exists (except by use of the 'powered by CrowdHandler' link and logo, which the Customer agrees not to hide or obfuscate except where allowed by its Plan);

9.1.3. not attempt to gain unauthorised access to any part of the Application or to any server, computer or database connected to the Application, and must not attack the Application by means of a denial of service attack, distributed denial of service attack, or any other means;

9.1.4. not exceed the limits of its Plan, or persistently over-utilise resources in a manner that is not explicitly limited by the Plan but that, in Our sole judgement, compromises or threatens to compromise the effectiveness of the Application for other customers; and

9.1.5. not perform load tests, penetration tests or any similar tests on the platform except with Our permission and by prior arrangement. Unauthorised tests will be treated as breaches of sub-Clause 9.1.3.

9.2. If the Customer breaches this Clause 9, We may suspend or terminate the Account and/or the Customer's access to the Application immediately and without refund; take legal proceedings against the Customer for reimbursement of any and all resulting costs on an indemnity basis; and disclose information to law enforcement authorities as required or as We deem reasonably necessary. Conduct within sub-Clause 9.1.3 may constitute a criminal offence, and will be reported to the relevant authorities. We exclude any and all liability arising out of actions We take in response to breaches of this Clause.

10. Marketing#

10.1. We may identify the Customer as a customer of CrowdHandler, and may use the Customer's name and logo, together with a brief factual description of the services We provide to the Customer, in Our marketing materials. For the purposes of this Clause, marketing materials include Our website, presentations, case studies, sales collateral and any other material displayed publicly.

11. Disclaimers#

11.1. Save as expressly provided in these Terms and Conditions (including the availability warranty in sub-Clause 2.3), and insofar as is permitted by law, We make no representation, warranty or guarantee that the Application will meet the Customer's requirements, that it will be fit for a particular purpose, that it will be uninterrupted, secure or error-free, that it will be compatible with all software and hardware, or that it will not infringe the rights of third parties.

11.2. We exercise reasonable skill and care to keep the Application secure and free from viruses and other malware, but do not guarantee this. The Customer is responsible for protecting its own hardware, software, data and other material from viruses, malware and other internet security risks.

11.3. We are not responsible for User Content, or for the content of any website to which a Waiting Room redirects visitors, and no opinions, views or values expressed therein reflect Ours.

12. Our Liability#

12.1. Subject to sub-Clause 12.4, We shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, for: loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; loss or corruption of data; business interruption; or any indirect or consequential loss or damage, in each case arising out of or in connection with the use of (or inability to use) the Application or the use of or reliance upon any Content (whether that Content is provided by Us or is User Content) included in the Application.

12.2. Subject to sub-Clause 12.4, Our total aggregate liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the Contract shall not exceed the total Charges paid by the Customer under the Contract in the 12 months immediately preceding the event giving rise to the liability.

12.3. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. This sub-Clause does not affect the credits payable, or the termination right, under sub-Clause 2.5.

12.4. Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for Us to do so, including for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

13. Confidentiality#

13.1. Each party shall keep confidential all non-public information disclosed to it by the other party in connection with the Contract, shall use such information only for the purposes of the Contract, and shall not disclose it to any third party except to its professional advisers, or where required by law or by any court or regulatory authority (and then only to the extent required).

13.2. This Clause does not apply to information that is or becomes publicly available other than through breach of this Clause, or that was lawfully known to the receiving party before disclosure.

14. Data Protection and Privacy#

14.1. Each party shall comply with its obligations under applicable data protection laws.

14.2. Use of the Application is also governed by Our Privacy Policy and Cookie Policy, available from https://www.crowdhandler.com/privacy and https://www.crowdhandler.com/cookies, which are incorporated into these Terms and Conditions by this reference.

14.3. Where We process personal data on the Customer's behalf in providing the Application, Our Data Processing Agreement: https://www.crowdhandler.com/dpa forms part of the Contract and sets out the parties' respective obligations in respect of that processing.

15. Force Majeure#

15.1. We shall not be liable for any failure or delay in performing Our obligations under the Contract where that failure or delay results from an event outside Our reasonable control, including but not limited to failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks, power failures, industrial disputes affecting third parties, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars.

15.2. If a force majeure event continues for more than 30 consecutive days, either party may terminate the Contract by written notice, and the Customer shall receive a pro-rata refund of Charges paid for the unexpired portion of the current Billing Period.

16. Changes to these Terms and Conditions#

16.1. We may update these Terms and Conditions from time to time. We will give the Customer no less than 30 days' written notice by email of any material changes. Changes take effect at the start of the Customer's next Billing Period following the notice period, and do not apply retrospectively.

16.2. Where the Contract was formed by an Enterprise Order, no change to these Terms and Conditions shall apply to that Contract during its then-current term unless agreed in writing by both parties; changes notified under sub-Clause 16.1 shall apply from the next renewal.

16.3. If a change notified under this Clause materially disadvantages the Customer and the Customer does not agree to it, the Customer may terminate in accordance with sub-Clause 7.4.

17. General#

17.1. The Contract (comprising the Order, these Terms and Conditions and the documents incorporated by reference) constitutes the entire agreement between the parties and supersedes all previous agreements, correspondence and communications, whether written or oral, relating to its subject matter. Nothing in this sub-Clause limits or excludes any liability for fraud.

17.2. We may transfer (assign) Our rights and obligations under the Contract to a third party (for example, if We sell Our business), and will inform the Customer in writing if We do; the Customer's rights under the Contract will not be affected. The Customer may not transfer (assign) its rights or obligations without Our express written permission.

17.3. The Contract is between the Customer and Us and is not intended to benefit any other person or third party, including visitors to the Customer's website, and no such person or party is entitled to enforce any provision of these Terms and Conditions.

17.4. If any provision of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that provision shall be deemed severed and the remainder shall remain valid and enforceable.

17.5. No failure or delay by either party in exercising any right under these Terms and Conditions is a waiver of that right, and no waiver of any breach waives any subsequent breach of the same or any other provision.

17.6. To contact Us, please email support@crowdhandler.com or use any of the methods provided at https://www.crowdhandler.com/contact.

18. Law and Jurisdiction#

18.1. These Terms and Conditions, the Contract, and the relationship between the Customer and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales, and any disputes arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Last Updated Sep 15 2026